AUGUSTINE GEORGE MASIH,J. - (1.) PETITIONERS are claiming technical grade in the light of the fact that they are working on the post of Constable Computer Operator which has been declared to be a technical post by the respondents. They are entitled to the pay scale of Rs.4000-6000/- w.e.f. their date of appointment as per the notification dated 26.07.1991 (Annexure-P-3-B). They contend that their cases are squarely covered by a Division Bench judgment of this Court passed in C.W.P. No. 15535 of 1999 titled as Sandeep Mehta and others Versus State of Haryana and another decided on 12.9.2002 (Annexure-P-5). This judgment was challenged by the respondent-State by filing Special Leave Petition (Civil) No. 6402 of 2003 titled as State of Haryana and another Versus Sandeep Mehta and others which was dismissed with a clarification that the benefit of pay scale will be given to the petitioners in the writ petition with effect from the date of their appointment on the basis of their technical qualification, if it is later than 23.08.1990, the date of the notification. Reliance has also been placed upon an another Division Bench judgment of this Court in CWP No.15347 of 2006 titled as Ishwar Singh and others Versus The State of Haryana and others' decided on 25.3.2008 (Annexure-P-7) which according to the petitioners relate to Computer Operators.
(2.) EARLIER similarly placed employees had approached this Court by filing CWP No. 3541 of 2012 titled as Devinder Singh and others Versus State of Haryana and another, which was disposed of by this Court vide order dated 25.2.2012 directing the respondents to consider the representation of the petitioners and pass orders thereon. In compliance with the order passed by this Court, the petitioners, in that writ petition, have been released the benefit, as has been claimed by the petitioners in the present writ petition. Counsel contends that some of the petitioners have filed representation dated 24.4.2012 (Annexure-P-11) to the Director General of Police, Haryana, but no decision on the same has been taken till date nor any benefit has been granted. Counsel contends that liberty may be granted to file a detailed representation to the respondents within a period of four weeks from today and some time frame may be fixed for taking a decision thereon. Prayer of the counsel for the petitioners is accepted. In case, a representation is moved by the petitioners within a period of 30 days from today, the same shall be considered and decided by the respondents in accordance with law within a period of four months from the date of receipt of the certified copy of this order. Decision so taken thereon be conveyed to the petitioners forthwith. In case the petitioners are held entitled to the claim made in their representation, the same shall be released to the petitioners within a further period of two months. Arrears shall however, be restricted to 38 months from the date of filing of the representation. Petition stands disposed of accordingly.;